Breaking news: Prosecutor won't seek death penalty for Highlands murder
Friday, October 10, 2008 6:52 PM PDT
By The Daily News
Printable version
E-mail this articleThe Cowlitz County Prosecutor Friday filed first-degree murder charges against Anthony Michael James Scott, who allegedly killed a Longview woman and wounded her husband Tuesday.
Prosecutor Sue Baur is also charging Scott, 19, with attempted first-degree murder, first-degree burglary with a firearm, second-degree unlawful possession of a firearm, and felony harassment (domestic violence).
If Scott is convicted of aggravated murder, Baur would seek a sentence of life in prison rather than the death penalty, she said Friday.
Although she describes Scott’s alleged acts as “a terrible, terrible crime, absolutely horrific,” Baur said the circumstances don’t appear to meet the state’s high threshold for capital punishment.
Scott is accused of entering the home of his ex-girlfriend, Cassandra Tubbs, and shooting her father, Bob Tubbs, once in each arm with a handgun Tuesday. Scott then allegedly fired at Cassandra’s mother, hitting her in the back outside the family’s home at 262 24th Ave. Kathleen Tubbs, 45, later died at St. John Medical Center.
Police arrested Scott about an hour after the shooting in the 3200 block of Oak Street. Scott, who was upset about his recent breakup with 17-year-old Cassandra, claims he “blacked out” and doesn’t recall the shooting, according to police.
Baur explained that in death penalty cases, prosecutors and the state Supreme Court must make a "proportional analysis" of specific facts and compare them to previous cases statewide in which a jury has imposed the death penalty.
She cited the execution of Westley Alan Dodd as an example. Dodd was hanged in 1993 for the sexual assault and murder of three young boys.
"I don’t think this one would make it through a proportional review," Baur said. "We are not seeking the death penalty against Mr. Scott."
Only four people have been executed by the state since 1976. By comparison, the state of Texas has executed more than 400 people since 1982.
Also, Baur said, before asking a jury to impose the death penalty, she would have to ensure there weren’t any mitigating circumstances to require leniency. Those circumstances might include the criminal suspect’s age, criminal history, risk of re-offending, competency at the time of the crime, influence of drugs or alcohol and presence of extreme mental distress, she said.
Police are still looking for the gun used in the killing and a jacket worn by the suspect.
For more on this story, see Saturday's edition of The Daily News.
Related articles:
One dead, one injured in Highlands shooting (Oct. 7)
Domestic dispute likely sparked fatal shooting (Oct. 8)
Violence nothing new for Highlands residents (Oct. 8)
Murder suspect says he doesn't remember key moments; Memorial for Kathleen Tubbs scheduled (Oct. 9)
Police still seeking gun, sweatshirt in murder investigation (Oct. 10)
lngconnn wrote on Oct 10, 2008 3:39 PM:
" So, what kind of murder qualifies for capital punishment? It seems to me murder is murder. Was he supposed to do more in order to get capital punishment? It was obviously done on purpose, especially when he told them he would kill them if he didn't get his things. "
worriedone wrote on Oct 10, 2008 3:41 PM:
" Wow, so we as taxpayers get to foot his bill to watch tv, work out in nice weight rooms, and to go on living and laughing. This is why those who have criminal minds, don't mind doing crimes. They know they won't pay the price. He did this knowing good and well what his intentions were. If it wasn't how or why would he have text'd his X-GF moments after? Give him a SURPRISE!!! DEATH! "
somedude wrote on Oct 10, 2008 3:42 PM:
" It's Time for a new Prosecutor. This is the worst decision I think I have ever heard! If anyone deserves the Death Penalty it's the Scumbag who did this Crime! Doesn't meet the High Threshold? Are you kidding? A convicted Felon murders one, tries to kill another and you best believe that if the Daughter had been there he would have capped her to! Now we along with the family who was victomized will have to pay to keep this Scum alive? Sue Baur you should be ashamed of yourself! "
erin_go_braugh37 wrote on Oct 10, 2008 3:42 PM:
" Ok, so he doesn't meet the qualification for death penalty, but life isn't long enough...I should hope it's life WITHOUT the possibility of parole! Has anyone seen his myspace page, he's nothing but a thug wannabe! Well..guess what?? Thugs go to jail! Grrrr! "
SPARROW wrote on Oct 10, 2008 3:55 PM:
" Before everyone jumps on the bandwagon about the proscutor not being harsh enough for such a terrible crime, understand that there are requirements that have to be met and be able to be proved without a reasonable doubt,for a jury or judge to be able to find the person guilty. To charge him of a more serious degree of murder and ask for the death penalty for this guy might result in him being found not guilty due to lack of evidence or other factors that may not be able to be proved concerning details, etc. When you have a murderer in custody and going to trial, you want to make sure the guilty person will go to prison and not set free. This can happen if you over shoot your target of absolute facts that the court will hear and make their decision on. He will pay his dues eventually, no matter what the court does to him now, his bigger punishment is coming from even a higher power. "
TDN Bad Boy wrote on Oct 10, 2008 4:01 PM:
" The State's "high threshold." I'll bet a lot of people interested in this story would like to know exactly what is this "high threshold" and why this crime does not fit. I sure hope the TDN will do a better job of informing its readers in the days to come. All you have to do to see what the vast, vast majority of readers want is look at the blog on the main story. This is another example of how the Liberal politics that run this state refuses to give the majority what they want in the way of justice. "
Lucky7 wrote on Oct 10, 2008 4:05 PM:
" And how does this install confidence in our court system? This kid should get his trial and when he's likely found guilty, should DIE! Our prosecuting attorney just told every kid that's p.o.'d at his girlfriends parents go ahead and kill them, you'll probably go to jail but that's it. Protest at the courthouse! "
GR8 ANT wrote on Oct 10, 2008 4:13 PM:
" That is ridiculous!! I agree with Lucky7, its sending a great message to criminals!! "
TDN Bad Boy wrote on Oct 10, 2008 4:15 PM:
" To all those who want to punish the prosecutor, I'm not sure your anger is vetted at the right place. The better place is the state Legislature. If you want more crimes to face the death penalty, the Legislature in Olympia -- Oh Dean Takko, are you reading this, you big-time crime fighter -- has to make it happen. It starts there, not with the prosecuting office, although I think there are probably some judgements that have to made at that level that might be questioned. Still, the politics at the top is what sets the law, and for that you can thank as always the Liberal Democrats in Olympia. They have ruled this state for almost 30 years with a hug-a-criminal approach. This is the kind of justice you get when you have Liberal politicans. Dean Takko will write a useless bill to add a year onto a sentence for evading police, but he will do NOTHING about injustices of this type. You want Justice, you have to vote for it. "
Lucky7 wrote on Oct 10, 2008 4:16 PM:
" Sparrow - I've sat on 3 jurys. I've heard the judges instructions and even had the judge come into the jurrors room for clarification on some of these issues. 1 of the cases I sat on clearly didn't meet the judeges instructions to convict a punk kid for his crime on one issue, but he was obviously guilty. I wasn't very popular with the judge becuase I rallyed my fellow jurrors. I explained to them the kid met all but one of the criteria to convict as explained by the judge, but WE are the jury, WE have more power than the judge, WE know the difference between RIGHT and WRONG and to let this kid off with no punishment is WRONG! And we hashed it out and found this kid GUILTY as charged. The judge actually said he was surprised, blah, blah, blah... People that sitting on any jury need to forget about the judges criteria and decide what's right and what's wrong! "
Simple Man wrote on Oct 10, 2008 4:17 PM:
" Sorry I just cant get over this I hope TDN is wrong about this. "
slowburn wrote on Oct 10, 2008 4:34 PM:
" Don't blame the prosecutor. The state of Washington has executed four people in the last 15 years, and it's usually because the defendant requested it. Check it out: http://www.abolishdeathpenalty.org/RecentExecutions.htm "
Rosey Glasses wrote on Oct 10, 2008 4:39 PM:
" Well I for one will do my best to help vote these jokes out of office. This was thought through before he got to their home, the threats and afterwards the text messages proves he intended to do something drastic to this family. He has devistated this family and in front of a small child. This man should have been facing the capital punishment of death. Give me a break PO office. let me know when the protest in front of the office and I will do my best to be there or have my family there to show our feelings. "
something2say wrote on Oct 10, 2008 4:39 PM:
" I think the state needs to lower their 'high' standards. I don't want to pay for this murderer to live for one more day, much less the rest of his life. When is our society going to make murderers, rapists, child molesters and drug dealers truly pay for the crimes they committ? How much is too much to let them get away with? And we have to be concerned about THEIR rights as humans. We can't treat them cruely? What about what they do to us? Victims live in fear because our legal system is just going to let these criminals out for 'good behavior'. Enough is enough! It's time to make a change and take our beloved country back that is ran FOR THE PEOPLE BY THE PEOPLE! u "
El Fuego wrote on Oct 10, 2008 4:43 PM:
" Sparrow, Your blog was well said and factual. Maybe others can understand better how the system works. To find out more about capital punishment requirments and other offenses/punishment, readers should go to Revised Codes of Washington state. They can get all their answers there. "
mikadax wrote on Oct 10, 2008 5:00 PM:
" Good, I can think of a ton of other criminals that deserve the death penalty way more than this guy. "
Just wrote on Oct 10, 2008 5:01 PM:
" He will get 25yr and be out in 15yr or less on good behavior and probation. "
CONCERENED wrote on Oct 10, 2008 5:03 PM:
" RE SLOWBURN? IF SOMEONE SHOT YOU OR A FAMILY MEMBER OF YOURS? WOULDNT YOU WANNA SEE HIM PAY? IF YA DONT, THEN YOU GOT ISSUES !!! THE SYSTEM IS WAYYYY TO SOFT!!! I SAY THE STATE NEEDS TO TOUGHEN IT UP ALOT!!!THIS SHOULD HAVE NEVER HAPPENED WITH THE TEXT MESSAGES ECT ECT .... "
Go Chinooks!!! wrote on Oct 10, 2008 5:04 PM:
" And thus the bumper sticker, "Don't mess with Texas"....... "
LJD wrote on Oct 10, 2008 5:06 PM:
" I will say it again...He shot an innocent woman in the back. He had better pray that I am not on the jury. "
slowburn wrote on Oct 10, 2008 5:15 PM:
" I never said he shouldn't face the death penalty. My point is that executions don't happen very often in this state, and blaming the prosecutors doesn't make much sense. Maybe tone down the emotion a bit and try to use some reason. "
GOLDENRED wrote on Oct 10, 2008 5:43 PM:
" ALL I CAN SAY IS THAT I HOPE THAT I AM ON THIS JURY!!! A MOTHER, WIFE, SISTER AND FRIEND SHE WAS. HE TOOK SO MUCH FROM SO MANY PEOPLE. HE DESERVES THE DEATH PENALTY!! "
Washington Rez wrote on Oct 10, 2008 5:58 PM:
" That's why people around here aren't afraid of the laws. This guy is trash get rid of him. "
roudy russ wrote on Oct 10, 2008 6:05 PM:
" Here is the Prosecuter's official E-mail address so we can let her know our opinion on this case baurs@co.cowlitz.wa.us "
DUH wrote on Oct 10, 2008 6:37 PM:
" I hope I'm on the jury. I hope I'm on the jury! Like, what are you going to do if you are? Give him the evil eye? All you CAN do is find him guilty. You don't set the sentence. The judge does that. Yes the guy deserves the death sentence but there's not a damn thing any of us can do about that now. The decision has been made. The best we can hope for is Life Without Parole, and I pray that that's what he gets. "
Kelso Resident wrote on Oct 10, 2008 6:58 PM:
" Are you freaking kidding? He shot a woman in the back! and you refuse to go for the death penalty? I say we get this person out and put in a person who has a set to go after what is rightful. "
lola*in*longview wrote on Oct 10, 2008 7:01 PM:
" There are rules for everyone to follow, even the prosecutor. She can't just say oh well he killed someone and it was prmediated and he text messaged the ex gf so he will get the death penalty. She has to follow the rules and make sure that everything matches for the death penalty to even be allowed. There are people higher up that check this kind of thing and would over rule it. "
CONCERENED wrote on Oct 10, 2008 8:10 PM:
" TO START WITH, TO MY KNOWLEDGE, YES HE MAY HAVE TEXTED THE EX, AND WENT TO THE HOUSE, BUT DO THEY HAVE THE WEAPON USED? OR THE JACKET IN QUESTION? TO ME IT SOUNDS THAT ALL THE EVIDENCE HASNT BEEN COLLECTED YET! IM NOT DEFENDING THE GUY WHO ALLEGEDLY SHOT, BUT WHERES THE WEAPON? THERES A TON OF FRIENDS IS MY GUESS BETWEEN WHERE IT HAPPENED AND WHERE HE WAS ARRESTED, WHATS TO SAY THEY ( THE POLICE ) MAY NEVER FIND THE WEAPON, THINK ABOUT IT "
LadyHarleyRider wrote on Oct 10, 2008 8:38 PM:
" Weather all the evidence has been found or not they have proof he did by the text he sent his X-girlfriend moments after he did it. that is a big peice of evidence. And so they are saying this man will walk the streets again. If he "BLACKED OUT" as he said he did whats to say he wont black out again when he walking the streets and this poor family has a empty spot for the rest of their life. I feel that he planned this and knew he was going to do this so pre-medition i'm hoping they look at that. "
tazer baby wrote on Oct 10, 2008 8:51 PM:
" Eyewitness to the murder trumps having the gun as evidence. The jacket and gun not being found will not set this suspect free. The police have done an exemplary job for the community and this family. Let's try not to bag on them with alot of armchair investigative assumptions. "
tallsy wrote on Oct 10, 2008 8:59 PM:
" I can't believe this. He killed an Innocent woman and injured her Husband. A friend of mine knew her very well. I can't believe that he doesn't get the Death Penalty "
lindengroves wrote on Oct 10, 2008 9:09 PM:
" Instead of spouting off about something you know absolutely nothing about, why don't you read the definition of aggravated first degree murder. RCW 10.95.020. Here's the link which I hope works. http://srch.mrsc.org:8080/rcwwac/template.htm;jsessionid=F40212B101C2A598DCF9F1442D664F84?view=main
If you read the statute you'll see that this crime probably doesn't meet the definition of a capital offense in any event. There is insufficient information in the article to determine whether there was a protection order or a history of of domestic violence. Maybe then the prosecutor could have sought the death penalty.
As to what life in prison really means in this context, look at RCW 10.95.030(1)which makes it perfectly clear that the sentence is life without the possibility of parole. Not 15 years, but life.
You are entitled to your opinions but you are not entitled to your own facts. All the statutes and court cases of this state are online for you to look at. "
If you read the statute you'll see that this crime probably doesn't meet the definition of a capital offense in any event. There is insufficient information in the article to determine whether there was a protection order or a history of of domestic violence. Maybe then the prosecutor could have sought the death penalty.
As to what life in prison really means in this context, look at RCW 10.95.030(1)which makes it perfectly clear that the sentence is life without the possibility of parole. Not 15 years, but life.
You are entitled to your opinions but you are not entitled to your own facts. All the statutes and court cases of this state are online for you to look at. "
RALMom2 wrote on Oct 10, 2008 9:13 PM:
" There it is folks! I told you he wouldn't get punished like he should. I didn't see this coming like a freight train. Check out the circumstances that may require leniency: Age (19 is old enough to know what he's doing.), Criminal history (Uh yeah...he's got it!), Risk of re-offending (He's got a record so I'm thinking he doesn't learn his lesson on anything), Competency at the time of the crime (He was able to use the cellphone to taunt his ex), influence of drugs or alcohol (Duh! Look at his myspace photo!) & presence of extreme mental distress (He got dumped! Who doesn't?) I have NO faith in WA State to keep him in jail & he WILL do it again! It took little for him to kill this time! "
greenbean wrote on Oct 10, 2008 9:14 PM:
" If you aren't happy about the high threshold for the death penalty, I suggest you really read about and understand who you are voting for in every election. Find out whether they are for or against the death penalty. I think the state of Texas has it right. When it becomes personal like it is for some people in this case, it makes a big difference. "
RALMom2 wrote on Oct 10, 2008 9:32 PM:
" I don't care what the law is in this state. Officials aren't following it sometimes. If you research other cases like this in this state (especially this county) you will see what I mean. I assure you w/o a doubt he'll be up for parole. That's what I do..I do research on cases to see what other cases outcome was on different types of crimes so I have seen it repeatedly happen. WA state is the worst even for cases involving child abuse. This county has judges that sides with the abuser most of the time & the children & non-abusive parent is the one that suffers. The judge barely slaps their hand & they learn nothing. We have weak overworked judges and our police dept. is too small. I can't express how many times I've sat at our courthouse in disbelief from the outcome of cases. (Followed by suspects coming out w/ grins like Ha! Ha! You can't touch me!) I sit & watch the expressions of the judges.They don't appear to be listening half the time. They herd suspects through so fast. Until I saw it for myself I believed in the court system. I no longer believe in justice & yes I have done a lot to try to get laws changed.Politics always gets in the way. I will vote VERY CAREFULLY for our judges and such in the future. "
MOLE wrote on Oct 10, 2008 9:38 PM:
" WHAT,IT DOESN'T MEET THE HIGH STANDARDS TO MEET DEATH PENALTY REQUIREMENTS,SOUNDS LIKE,A PLEA AGREEMENT TO SAVE TAX PAYERS MONEY.JUST PLEAD GUILTY, YOU GET LIFE.O.K. A, 5 BY 5 ROOM HE CAN SLEEP DIAGONALLY,1 HOUR FOR EXERCISE,BACK IN THE BOX!!! NO T.V. NO PHONE,NO NOTHING!!!! THEN I SAY O.K. SPEND THE MONEY, DEATH FOR THIS ONE, UNLESS HE TAKES THE 5 BY 5 ROOM WITH NO VIEW!!!!! "
MOLE wrote on Oct 10, 2008 9:48 PM:
" LINDENGROVES:why didn't you just type out the critieria,for all of us uninfromed, and that's a fact.thanking you in advance for considerate co-operation,kind sir. "
CONCERENED wrote on Oct 10, 2008 10:07 PM:
" lindengroves: i would but i grew up in kalama smokin da stuff and cant read !!! lol "
lindengroves wrote on Oct 10, 2008 10:46 PM:
" OK, here's the law that says life means life:
RCW 10.95.030
Sentences for aggravated first degree murder.
(1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good-time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program. "
RCW 10.95.030
Sentences for aggravated first degree murder.
(1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good-time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program. "
lindengroves wrote on Oct 10, 2008 10:48 PM:
" Here are the criteria for aggravated first degree murder. I know it's not what you want to read. These forums are just full of "truthiness."
I don't think that these forums will allow the formatting to come out right, but I tried.
RCW 10.95.020
Definition.
A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;
(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in *RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
[2003 c 53 § 96; 1998 c 305 § 1. Prior: 1995 c 129 § 17 (Initiative Measure No. 159); 1994 c 121 § 3; 1981 c 138 § 2.] "
I don't think that these forums will allow the formatting to come out right, but I tried.
RCW 10.95.020
Definition.
A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;
(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in *RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
[2003 c 53 § 96; 1998 c 305 § 1. Prior: 1995 c 129 § 17 (Initiative Measure No. 159); 1994 c 121 § 3; 1981 c 138 § 2.] "
lindengroves wrote on Oct 10, 2008 11:01 PM:
" I tried to post the statute that defines aggravated first degree murder but it's over 250 words. So because some people apparently won't do a google search on their own because the truth would get in the way of their opinion, I'll try to break it down.
RCW 10.95.020
Definition.
A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes; "
RCW 10.95.020
Definition.
A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes; "
lindengroves wrote on Oct 10, 2008 11:02 PM:
" (3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge; "
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge; "
lindengroves wrote on Oct 10, 2008 11:03 PM:
" (8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree; "
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree; "
lindengroves wrote on Oct 10, 2008 11:03 PM:
" (12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;
(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in *RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
[2003 c 53 § 96; 1998 c 305 § 1. Prior: 1995 c 129 § 17 (Initiative Measure No. 159); 1994 c 121 § 3; 1981 c 138 § 2.] "
(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in *RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
[2003 c 53 § 96; 1998 c 305 § 1. Prior: 1995 c 129 § 17 (Initiative Measure No. 159); 1994 c 121 § 3; 1981 c 138 § 2.] "
lindengroves wrote on Oct 10, 2008 11:07 PM:
" Here's a link to the Department of Corrections website with additional links regarding the death penalty contained therein. Hope it works.
http://www.doc.wa.gov/offenderinfo/capitalpunishment/ "
http://www.doc.wa.gov/offenderinfo/capitalpunishment/ "
spete98611 wrote on Oct 10, 2008 11:29 PM:
" I'd have to agree with everyone who has posted by displaying their outrage for the crime that has occurred. It doesn't make any sense for someone to be allowed the privelage of life in prison after committing such violence; especially at our economic and societal cost. I don't believe our legal system is to blame for this. It's a lack of fear being imposed on those with a propensity for violence. A lack of respect for our laws. So, I propose the following. Leave the legal system just as it is, it's always changing and for good measure. The times change and so do our laws. Change our prison system. We need to outsource our prisons to Mexico and in doing so provide their country with the cost. In comparison to what we spend now it would be greatly lower. We will of course, hold our supermax prisoners, but all others will be sent "away" for the duration of their sentence and will be dealt with in accordance to the government of Mexico's standards. Nobody wants to end up in a Mexican prison and be subjected to their rules. This will help the people of Mexico by providing jobs and maybe cut back on our illegal immigration problem. Everyone needs to be thinking about this as a solution and talk with others about it. Put fear back into the minds of criminals. "
buggsie wrote on Oct 11, 2008 7:36 AM:
" I say the slime ball (can't even call this one a 'man') that pulled the trigger is a COWARD. He shot her in the back for Heaven's sake! He shot her husband in each arm, with a 4 yr old child in the house! What a low down creepy COWARD. If we were more like Texas, maybe we would have less of this type of crime in Washington/Cowlitz County. I say, 'an eye for an eye'. What is the matter with our legal system? It appears clearly pre-meditated to me. What a shame we will all get to pay for him to have 3 squares/day, clean home, library, gym, tv/radio, even computer lab and college education can be had where he is headed. Does anyone else feel like they are hitting their head on the wall? Why can't we stop the crime in our area? I am frustrated and fed up. "
restlessinlongview wrote on Oct 11, 2008 10:45 AM:
" RALmom2:
Washington has a mandatory true life without parole sentence for anyone convicted of aggravated murder. No one in Washington who has been sentenced under that statute to life without parole has been released. It would take a governor's pardon to do so and I don't think you have to worry about any governor ever doing that. "
Washington has a mandatory true life without parole sentence for anyone convicted of aggravated murder. No one in Washington who has been sentenced under that statute to life without parole has been released. It would take a governor's pardon to do so and I don't think you have to worry about any governor ever doing that. "
mole wrote on Oct 11, 2008 11:07 AM:
" LINDENGROVES:man am I glad I'm not an attorny,sounds like,the guy read the law first!!! thanks for takeing the space and time to tell me.If we can't get him on aggravated murder, hang him because he did It for fun THIS FELLA NEEDS TO SEE PERGATORY!!!!FIRST HAND. "
bmc dennis wrote on Oct 11, 2008 12:24 PM:
" Well I wonder ifnkilling one human being and trying to kill another in front a 4 year old child would constitute child abuse. Premedition sound about right he brought a gun with him to pick up some of his stuff. I thought criminals could not have guns or own guns. Frame of mind he cant remember what happen but he could text his ex and tell her he left her a presant at home. Look at number 14 on the list above they were living together prior to the crime. his stuff was still at the house so he must have lived there at some point in recent past. Sue should have done as much research as lindengroves maybe she would have seen number 14. He Should be SENT TO DEATH for this. "
mole wrote on Oct 11, 2008 1:35 PM:
" thats the prblem to many variations to describe the act or acts for the death penalty,which in my mind means to many loop holes.If the prosecutor,swings for the homer and misses,she cannot swing again!!!! I PERSONALY WOULD LIKE THE DEATH PENALTY FOR THE @#$%!! BUT IF HE TAKES LIFE WITHOUT EVER THE CHANCE TO GET OUT!!!! I WOULD RATHER SEE THAT, THEN HIM WALK ON A TECHNICALITY!!!!! "
Rosey Glasses wrote on Oct 11, 2008 2:12 PM:
" Well... with all this... I will wait for the protests to begin against the prosecutors office. I will not vote for current state and county officials (I live in county so city stuff doesn't apply). If there is to be protests, please post it here. I wish I was home to be at the memorial tomorrow, but I will be represented by my family members that will be in attendance. God bless and may they give him the maximum allowable by law. "
kalamamom77 wrote on Oct 11, 2008 4:06 PM:
" Well doesnt that just warm your heart, he took another life and we are worried about him being getting justice I understand that laws are in place for a reason and so on, but what I dont get is why you can take another life and not lose your own. The family of the woman that was murdered and you and I are going to have to pay for the air he breathes. He made a choice and now he is going to get away with it. Life in prison big deal... key word here being Life. He will still get to talk to his family and even continue his education, read a book, take a shower, draw a picture, and all the other lil insignicant things that his victim will never get to do again. How is that right? We are all responsible for our own actions and killing someone was his decision. Why is "blacking out" always used as an excuse, it isnt. Would you say that life in prision is justice when he will get to still go outside and feel the sun warming his skin or raindrops on his face. The laws are not written for our times something has to change, Capital Punishment is there for a reason, use it and quit having the victims familys and friends pay for these people who took their loved ones away, an eye for an eye has great meaning!!!!!!!! "
slowburn wrote on Oct 11, 2008 4:17 PM:
" Anyone else notice these comments are all about Scott and the prosecutor, and not one person has asked how they can help the victim's family? I guess that's because there might actually be something we could do, but that would require us to get off our butts. It's far easier just to whine about the crime and the punishment. By all means, continue. "
julietorell wrote on Oct 11, 2008 9:06 PM:
" I understand completely everyone's outrage. However, we all have known a "Cassandra"(figuratively, of course) or maybe we've been one ourselves. You know, the girl with the guy who is no good for her. Her family and friends know it, but say or do nothing, and people witness Cassandra's abuse for years, but there is no public outrage until tragedy happens. It is unfortunate that more people here are not so outspoken when they witness violent boyfriends or husbands. Every one is more concerned with minding their own business, or maybe the guy presents himself as "cool", while the girl is made to look like she is unstable or crazy. I am sure Cassandra's parents knew how dangerous Anthony was, and it sounds like Cassandra was listening. Also, the problem is not with the Prosecutor's office, but with our Legislature, which passes the bills which become law. Stricter laws require citizens actively lobbying Olympia- commenting on this blog will do absolutely nothing to change the laws! "
onmymind wrote on Oct 11, 2008 9:28 PM:
" Since the death penalty is off the table, I guess we should expect to spend money for a trial. What does Scott have to lose? Or will Sue's office go one step more to save the cost of a trial? "
RALMom2 wrote on Oct 11, 2008 9:59 PM:
" Is there a memorial fund or something to help the family pay for Kathy's funeral? A funeral isn't cheap... especially when it's unexpected and the man of the house got shot in both arms and in the hospital. No telling when he can return to work. "
RALMom2 wrote on Oct 11, 2008 10:10 PM:
" I'm a tad confused on why they also charged him with 1st Deg Burglary W/firearm Enhncmnt. I realize the occupants have to be home during the burglary for it to be considered 1st degree, but I don't recall him robbing them. Am I wrong? All I remember is that he went there to get some of his belongings, but I didn't think he took anything or asked for any of it...I took it that he shot Bob pretty much right away and then Kathy and then he fled. Where did the 1st degree burglary charge come into play here? Also why did they do a cheek swab on Anthony? Do they do that with all inmates or did he leave DNA behind or something? Just curious. "
Leslie Slape wrote on Oct 12, 2008 9:40 AM:
" To RALMom2: burglary doesn't mean robbing. Burglary means entering a building with the intent to commit a crime. Usually that crime is theft, but not always. As for the cheek swab, that hasn't been discussed with us, but it's logical to assume that DNA testing will be done on some of the evidence. "
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